INCOME TAX ASSESSMENT ACT 1936

PART III - LIABILITY TO TAXATION  

Division 2 - Income  

Subdivision D - Dividends  

SECTION 45BA   EFFECT OF DETERMINATIONS UNDER SECTION 45B FOR DEMERGER BENEFITS  

45BA(1)   [ Demerger benefit when provided]  

If the Commissioner makes a determination under subsection 45B(3) , the amount of the demerger benefit, or the part of the benefit, is taken not to be a demerger dividend for the purposes of this Act for the owner of the ownership interest or the relevant taxpayer at the time when the owner or relevant taxpayer is provided with the demerger benefit.

45BA(2)   [ Amount of benefit]  

The amount of the demerger benefit is:


(a) if the benefit is the provision of an ownership interest - the market value of the interest at the time that it is provided; or


(b) if the benefit is an increase in the value of an ownership interest - the increase in the market value of the interest as a result of the change; or


(c) if the benefit is a distribution to the shareholder of share capital or share premium - the amount debited to the share capital account or share premium account of the company in connection with the provision of the benefit.


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